IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21-0195

IN RETHE MARRIAGE OF: TIFFANEY GRIGG,

Petitioner and Appellee, and
PETER GRIGG,

Respondent and Appellant. 

# RLED AUG 24 2021
Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

In an August 17, 2021 Order, this Court denied self-represented Appellant Peter Grigg's second motion for a thirty-day extension of time and ordered him to file his opening briefon September 7, 2021, or face dismissal ofthis appeal. This Court received the record electronically from the Lincoln County District Court on June 1, 2021. In a June 2, 2021 Order, this Court denied Appellee Tiffaney Grigg's Motion to Dismiss, filed by counsel, because ofour recent decision inIn re Weigand, 2021 MT 128, ¶ 11, 404 Mont. 223, 486 P.3d 1272, stating that dismissal is not appropriate under M. R. Civ. P. 58(e). We stated then: "Rather, Peter's notice ofappeal shall be held in abeyance and shall be treated as filed on the date of entry ofthe District Court's determination of attorney fees and costs." After ordering the motion's dismissal, this Court also stated:

Pursuant to M. R. Civ. P. 58(e), the District Court retainsjurisdiction to determine attorney fees and costs. Peter's Notice ofAppeal will be treated as filed on the date on which the District Court enters its order determining the amount of attorney fees and costs awarded. Peter and the Clerk ofDistrict Court shall notify this Court within 14 days ofthe District Court's entry ofits order determining attorney fees and costs. Failure on Peter's part to provide such notification may result in dismissal ofthis appeal. 08/24/2021

Case Number: DA 21-0195Even though this Court has not received an order determining costs and fees, Peter

has filed an openingbrief, which was returned for deficiencies on July 2, 2021. Peterthen sought extensions oftime with this Court. We contacted the Clerk ofDistrict Court for Lincoln County. The District Court received a copy ofthe June 2, 2021 Order. Presiding
over the underlying matter now is Judge Jennifer B. Lint ofthe Ravalli County District Court, and the matter has been re-set for hearing on August 27, 2021. We take this opportunity to clarify this proceeding on appeal. Accordingly, IT IS ORDERED that: 1. this Court's August 17, 2021 Order concerning an extension of time is VACATED and this appeal is HELD IN ABEYANCE until the District Court issues an order determining attorney feesand costs; 2. Petermay NOTFILEhisopeningbriefuntilhe firstinformsthisCourt in writing ofnotice ofthe District Court'swritten Order; and 3. upon receipt ofeither a notice offiling orthe filing ofthe District Court's Order determining attorney fees and costs, the Clerk ofthe Supreme Court SHALL FILE Peter's opening brief once submitted, and any opening brief and copies submitted by Peter before such notice or filing should be returned. The Clerk ofthe Supreme Court is directed to provide a copy ofthis Order to the Honorable Judge Jennifer Lint, Ravalli County District Court; to Tricia Brooks, Clerk of District Court, Lincoln County, under Cause No. DR-20-79; to counsel ofrecord, and to Peter Grigg personally. DATED this Z-L1 day ofAugust, 2021.3 Justices